Why is Terri now being prevented from having anything touch her lips? Once the feeding tube was restored, wouldn't any order to withold food or water by mouth expire?
Until she is tested again to see if rehabilitation would be helpful in aiding her to swallow food and drink by mouth, should it be assumed she cannot swallow? The only order preventing anything from touching her lips is from MS. HE doesn't want to let her try to eat or drink anything.
all sorts of rehab should be allowed tetri as she has been denied that under her retained rights. if she cannot swallow it shouldn't have anything to do with whether or not she lives or dies. g-tubes are common for millions upon millions of people. as a disabled person terri has retained rights to receive all kinds of rehabilitation, to be brought to full capacity at the soonest possible time and not to be neglected. she is currently being neglected and michaels needs to be removed as guardian because of it. but i'm sure you already know that.
Yes, Michael R. Schiavo, a popular Pinellas Co., emergency room nurse, has said no food or water to the lips of Terri. But he does so with the legal backing of George W. Greer, apparently a popular civil court judge there who is himself disabled.
Actions:
Say Folks---
I will say we need to do this until I am Blue in the face!
You really want to press an issue for Terri?
Send this statute to Bernie McCabe and demand a RESPONSE in writing why he blantantly disregards this statute?
Pound his office with a copy of the statute and ask ONE question....WHY does he NOT oblige the LAW?
BMcCabe@co.Pinellas.Fl.us Then send the statute to every news media you can think of and ask them to find out for us WHY Bernie McCabe supports Michael Schiavo's actions in the NEGLECT and ABUSE of the disabled in accordance to Florida's own statute. Is he an accomplice to this felony?? Are they discriminationg against the disabled?
When you receive your responses, please mail them to
Pat at:
Patricia Fields Anderson, P.A. Attorney at Law
447 Third Avenue North * Suite 405 *
St. Petersburg, FL 33701
Thanks,
Cheryl
Florida criminalizes abuse, neglect and exploitation of a disabled adult.
In the criminal statutes, “neglect” is defined as
1. A caregiver's failure or omission to provide an elderly person or disabled adult with the care, supervision, and services necessary to maintain the elderly person's or disabled adult's physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well- being of the elderly person or disabled adult; or
2. A caregiver's failure to make a reasonable effort to protect an elderly person or disabled adult from abuse, neglect, or exploitation by another person.
Fla. Stat. § 825.102(3)(a).
If the neglect results in “great bodily harm, permanent disability, or permanent disfigurement” to the disabled adult, it’s a second degree felony. If there is no such harm, it’s a third degree felony.
Fla. Stat. § 825.102(3)(b), (3)(b)
In the Schiavo case, Judge Greer has authorized the removal of her feeding tube, pursuant to the mandate from the Second DCA.
Judge Greer also denied the parents’ Petition for Immediate Therapy, requesting an attempt to help Terri learn to eat by mouth again.
Judge Greer HAS NOT entered an order forbidding provision of food and water by mouth after the removal of the tube.
In addition, Fla. Stat. § 744.3215 lists certain rights retained even after a person is adjudicated to be incapacitated. If one takes the rather broad language in 1.1 above, Schiavo’s systematic violation of those rights can also be the subject of criminal charges, as his violations have NEVER been adjudicated by the guardianship court.